CITY OF DESERT HOT SPRINGS

 

REGULAR MEETING OF THE CITY COUNCIL

And the City Council Serving as the Successor Agency to the

Redevelopment Agency Board

 

AGENDA

 

May 16, 2017

 

5:00 P.M. – CLOSED SESSION

5:30 P.M. – PRESENTATIONS

6:00 P.M. – REGULAR SESSION

 

MISSION SPRINGS WATER DISTRICT

Board Room

66575 2nd Street, Desert Hot Springs, California

 

 

 


CLOSED SESSION - 5:00 P.M.

 

CALL TO ORDER

 

ROLL CALL

 

CLOSED SESSION PUBLIC COMMENTS

 

At this time, item(s) on the Closed Session agenda may be discussed during Public Comments. PLEASE STATE YOUR NAME FOR THE RECORD.

 

CLOSED SESSION

 

1.

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION

(Paragraph (1) of subdivision (d) of Section 54956.9)

Name of Case: Gough v. City of Desert Hot Springs,

County of Riverside Superior Case Number (Small Claims): INS1700928

 

 

PRESENTATIONS - 5:30 P.M.

 

2.

Certificate of Recognition Presented to Danny Holt

 

Mayor, Scott Matas                                                                          

 

RECESS

 

 

 

REGULAR SESSION – 6:00 P.M.

 

CALL TO ORDER

 

ROLL CALL

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

CITY ATTORNEY REPORT ON CLOSED SESSION

 

APPROVAL OF THE AGENDA

 

At this time the City Council may amend the order of the agenda, approve the Consent Calendar, remove items from the Consent Calendar for separate discussion and action, and add Urgency Items.

 

Urgency Items ("Added Starters"): The Brown Act, which governs public meetings, permits the City Council to take action on any item that does not appear on the agenda only if 2/3 of the City Council (if all are present) or all members of the City Council (if fewer than all members are present) determine there is a need to take immediate action on the item, and the need to take immediate action came to the City Council's attention after the agenda was posted.

 

 

PUBLIC COMMENTS

 

At this time, pursuant to the Brown Act, any person may comment on matters of general interest within the subject matter jurisdiction of the City Council, NOT listed on the agenda. Under the Brown Act, the City Council should not take action on or discuss matters raised during Public Comment portion of the agenda that are not listed on the agenda.

 

Comments are limited to the first ten (10) speakers at three (3) minutes per speaker. Speakers may not yield their time to others without consent of the Mayor. All comments are to be directed to the City Council and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments.

 

Please complete and submit a "speaker card" to the City Clerk. You will be asked to STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

 

CITY MANAGER REPORT

 

MAYOR AND COUNCIL MEMBER REPORTS

 

 

 

 

ADMINISTRATIVE CALENDAR:

 

3.

Desert Valley Disposal Re-Investment Payment and Extension of Term of the Franchise Agreement

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 9

 

Recommendation:

Approve a Minute Motion to accept a request from the Desert Valley Disposal for Re-Investment Payment and Extension of Term of the Franchise Agreement.

 

 

4.

(Successor Agency) Approval of Preliminary and Final Official Statements and Purchase Contract in Connection with Issuance of 2017 Subordinate Tax Allocation Refunding Bonds, and Providing for Other Matters Properly Relating Thereto

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 13

 

Recommendation:

Adopt a Resolution of the Successor Agency approving Preliminary and Final Official Statements and a Purchase Contract in connection with the issuance of 2017 Subordinate Tax Allocation Refunding Bonds, and providing for other matters properly relating thereto.

 

 

5.

Landscape Maintenance District No. 1 Intention Proceedings for the Levy and Collection of Assessments

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 115

 

Recommendation:

1) Adopt a Resolution of the City Council, declaring its      intention for the levy and collection of assessments for the      Citywide Landscape and Lighting Maintenance District No.      1 Zone A and Zone B for Fiscal Year 2017-18; and

2)  Adopt a Resolution of the City Council, approving the      Annual Engineer’s Report regarding the proposed levy      and collection of assessments for the Landscape      Maintenance District No. 1 for Fiscal Year 2017-18.

 

 

6.

Approval of the Nonexclusive License Agreement for Professional Services Between the City of Desert Hot Springs and All Desert Aquatics for the 2017 Summer Swim Program

 

Acting Community Development Director, Daniel Porras, P.E.

Packet Page 347

 

Recommendation:

Approve the 2017 Summer Swim Program at the John H. Furbee Aquatic Center with All Desert Aquatics and authorize the City Manager to execute the Non Exclusive License Agreement for Professional Services for a total of $47,849.93.

 

 

 

 

 

7.

Initiate Proceedings for the Levy and Collection of Assessments for the Lighting and Landscape Maintenance Districts and the Drainage Assessment District

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 379

 

Recommendation:

1)  Adopt a Resolution of the City Council initiating      proceedings for the levy and collection of assessments for      the Citywide Landscape and Lighting Maintenance District      No. 1 Zone A and Zone B for Fiscal Year 2017-18;

2)  Adopt a Resolution of the City Council initiating      proceedings for the levy and collection of assessments for      the Landscape Maintenance District No. 2 for Fiscal Year      2017-18; and

3)  Adopt a Resolution of the City Council initiating      proceedings for the levy and collection of assessments for      the Drainage Assessment District No. 1 for Fiscal Year      2017-18.

 

 

8.

Fireworks Permits

 

Acting Community Development Director, Daniel Porras, P.E.

Packet Page 399

 

Recommendation:

Approve six (6) Fireworks Permit applications for the sale of safe and sane fireworks.

 

 

9.

Second Amendment to the Joint Exercise of Powers Agreement of the Eastern Riverside County Interoperable Communications Authority (ERICA)

 

Chief of Police, Dale R. Mondary

Packet Page 459

 

Recommendation:

Approve Second Amendment to the Joint Exercise of Powers Agreement of the Eastern Riverside County Interoperable Communications Authority (ERICA).

 

 

CONSENT CALENDAR:

 

Matters on the "Consent Calendar" are considered routine and may be acted upon by one motion under "Approval of the Agenda." Individual items may also be removed by the City Council for separate discussion under "Approval of the Agenda." The title is deemed to be read and further reading waived on any ordinance listed on the Consent Calendar for second reading and adoption.

 

10.

Resolution of Intention to Annex One Parcel (Annexation No. 11) Located at 65241 San Jacinto Lane to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services)

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 465

 

Recommendation:

Adopt a Resolution of the City Council declaring its intention to annex territory (one parcel) to Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, adopting a map of the area proposed to be annexed (Annexation No. 11), and to authorize the levy of special taxes therein.

 

11.

Resolution of Intention to Annex One Parcel (Annexation No. 12) Located at 65145 Two Bunch Palms Trail to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services)

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 501

 

Recommendation:

Adopt a Resolution of the City Council declaring its intention to annex territory (one parcel) to Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, adopting a map of the area proposed to be annexed (Annexation No. 12), and to authorize the levy of special taxes therein.

 

 

12.

Resolution of Intention to Annex One Parcel (Annexation No. 13) Located East of Little Morongo, South of 14th Avenue, and West of Palm Drive to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services)

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 539

 

Recommendation:

Adopt a Resolution of the City Council declaring its intention to annex territory (one parcel) to Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, adopting a map of the area proposed to be annexed (Annexation No. 13), and to authorize the levy of special taxes therein.

 

 

13.

Resolution of Intention to Annex Two Parcels (Annexation No. 14) to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services). Parcel No. 641-101-005 is Located at 12106 Palm Drive and Parcel No. 641-101-006 is Located East of Palm Drive, North of Acoma Avenue, and South of Pierson Boulevard

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 577

 

Recommendation:

Adopt a Resolution of the City Council declaring its intention to annex territory (two parcels: APNs 641-101-005 and -006) to Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, adopting a map of the proposed area to be annexed (Annexation No. 14), and to authorize the levy of special taxes therein.

 

 

14.

Second Reading and Adoption of Ordinances Approving Development Agreement Nos. 11-16 and 12-16 With Richard, Nancy, and Brian Maddox (APN's: 663-280-003 and 004)

 

Acting Community Development Director, Daniel Porras, P.E.

Packet Page 615

 

Recommendation:

Approve Second Reading, read by title only and adopt Ordinances of the City Council approving Development Agreement Nos. 11-16 and 12-16 for the development of two adjacent 2.31 acres lots, each proposing construction of one main building and two greenhouse structures totaling 51,968 square feet (on each site) as well as associated parking and

 

other improvements for the projects located east of Little Morongo Road and north of Two Bunch Palms Trail within the Light Industrial (I-L) Zoning District. (APN’s: 663-280-003 & 004).

 

 

15.

Second Reading and Adoption of an Ordinance Approving Development Agreement No. 05-17 with Fiore Management (Canndescent II Cultivation Project) (APN: 665-030-018 and -019)

 

Acting Community Development Director, Daniel Porras, P.E.

Packet Page 731

 

Recommendation:

Approve Second Reading, read by title only and adopt an Ordinance of the City Council approving Development Agreement No. 05-17 for the development of two (2) attached two-story cultivation buildings together totaling approximately 86,700 square feet on a 2.53 acre site located on San Jacinto Lane between Little Morongo Road and Cabot Road in the I-L (Light Industrial) Zone. (APN's 665-030-018 and 665-030-019)

 

 

16.

Second Reading and Adoption of an Ordinance Approving  Development Agreement No. 10-16 with Manlin2, LLC  (Medmen / DHS Green Horizons Cultivation Project)

 

Acting Community Development Director, Daniel Porras, P.E.

Packet Page 805

 

Recommendation:

Approve Second Reading, read by title only and adopt an Ordinance of the City Council approving Development Agreement No.10-16 for the development of a ground-up 45,000 square foot Medical Marijuana Cultivation Facility on an approximately 9.75 acre parcel located at the southeast corner of Little Morongo Road and Hacienda Avenue, in the Light Industrial (I-L) Zone (APN: 663-270-001)

 

 

17.

Second Reading and Adoption of an Ordinance Amending Section 10.16.320 ("Removal of Vehicle from City streets") of Chapter 10.16 ("Stopping, Standing and Parking") of Title 10 ("Vehicles and Traffic") of the Desert Hot Springs Municipal Code

 

City Clerk, Jerryl Soriano, CMC

Packet Page 887

 

Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, Amending Section 10.16.320 (“Removal of Vehicle from City streets”) of Chapter 10.16 (“Stopping, Standing and Parking”) of Title 10 (“Vehicles and Traffic”) of the Desert Hot Springs Municipal Code” (“DHSMC”) to give express authority to City Police Officers, rather than Riverside County Sherriff’s Deputies, to remove vehicles from City streets under specified circumstances.

 

 

 

 

18.

Treasurer's Report as of March 31, 2017

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 895

 

Recommendation:

Receive and file.

 

 

19.

Payment Register and City Council Expenditures Report for the Month of March 2017

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 901

 

Recommendation:

Receive and file.

 

 

20.

Contracts Management Report as of May 16, 2017

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 927

 

Recommendation:

Receive and file.

 

 

FUTURE AGENDA ITEMS

 

PUBLIC COMMENTS

 

Opportunity is given to those members of the public who have NOT addressed the City Council on an item which is NOT on the agenda. Comments are limited to three (3) minutes per speaker. PLEASE STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

 

ADJOURN

 

 

UPCOMING DATES

 

*Please refer to the City website calendar at www.cityofdhs.org for meeting locations and the most up to date information.

                             

June 6

City Council Regular Meeting

6:00 p.m.

June 8

Public Safety Commission

6:00 p.m.

June 13

Planning Commission

6:00 p.m.

June 14

RDA Oversight Board Meeting

8.00 a.m.

June 14

CCAC

6:00 p.m.

June 20

City Council Regular Meeting

6:00 p.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

NOTICES

 

Americans with Disabilities Act

In an effort to comply with the requirements of Title 2 of the Americans with Disabilities Act of 1990, the City of Desert Hot Springs requires that any person in need of any type of special equipment, assistance, or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting to enable the City to make reasonable arrangements.

 

SB 343

In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the Office of the City Clerk at City Hall during normal business hours at 65950 Pierson Boulevard, Desert Hot Springs, CA 92240.

 

If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 11711 West Drive, Desert Hot Springs, CA 92240.